← Cases

Machrovicz v. Bronx Road Associates, Inc.

240 A.D. 987 Court N.Y. App. Div. English

Contents

Majority

p. 987
Michael Machrovicz, Respondent, v. Bronx Road Associates, Inc., and Others, Defendants, Impleaded with Louis Mascia, Appellant.[1]

Judgment affirmed, with costs. No opinion. Young, Hagarty, Tompkins and Davis, JJ. concur; Lazansky, P. J., dissents upon the ground that it was error to exclude the testimony offered at folio 489. Reliance upon the advices of the mason subcontractor is an element which a jury might properly consider in determining if defendant, appellant, was negligent in respect of one of the claims of negligence.